Loading...
HomeMy WebLinkAboutC2023-299 - 8/8/2023 - Approved FY2024-PY2023 EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SALVATION ARMY OF THE COASTAL BEND This agreement (hereinafter “AGREEMENT”) is made and entered into EFFECTIVE on the 1st day of October,2023, by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“CITY”), acting through its City Manager or the City Manager’s designee (“City Manager”)", and The Salvation Army of the Coastal Bend, a Georgia corporation, hereinafter referred to as "SUBRECIPIENT." WITNESSETH: WHEREAS, SUBRECIPIENT desires to carry out eligible activities as described in the Statement of Work attached hereto as Exhibit A (the “Statement of Work”), and permitted by the Federal Register/Vol. 76, No. 233/Rules and Regulations pursuant to the U. S. Department of Housing and Urban Development Emergency Solutions Grants Program Entitlement Grant Regulations and covered in 24 CFR Parts 91 and 576. WHEREAS, the CITY proposes to contract with SUBRECIPIENT in order that the eligible activities described in Exhibit A (the “Statement of Work”) can be carried out for the benefit of residents in the City’s jurisdiction. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration the receipt of which is hereby acknowledged, the CITY and the SUBRECIPIENT do mutually agree as follows: SECTION I Rules and Regulations SUBRECIPIENT agrees to cooperate with the CITY in respect to the implementation of Emergency Solutions Grants Program (“ESG”) activities CFDA No. 14.231 to be carried out by SUBRECIPIENT pursuant to 24 CFR Parts 91 and 576 and other requirements, regulations and decisions as may be made by the Department of Housing and Urban Development (HUD) or FY2024-PY2023 ESG Salvation Army Agreement Page 1 of 16 any other federal or state or entity that may legally exercise its jurisdiction over expenditures of ESG funds. SECTION II Statement of Work SUBRECIPIENT agrees to perform services as outlined in Exhibit A: Statement of Work,of this AGREEMENT for and in consideration of ESG funding in the amount of $100,000.00, enumerated in Exhibit B-1 (the “Grant Budget”) and Exhibit B-2 (the “Payment Schedule”). SUBRECIPIENT agrees to notify the CITY, in writing,prior to any changes in its Statement of Work, the Grant Budget, the Payment Schedule and the Schedule of Activity attached hereto as Exhibit C (the “Schedule of Activity”). SUBRECIPIENT shall obtain approval, in writing, from the CITY prior to commencing work on any changes made to the Statement of Work, the Grant Budget, the Payment Schedule and the Schedule of Activity. CITY shall not be liable for costs incurred or performances rendered by SUBRECIPIENT before commencement of this AGREEMENT or after termination of this AGREEMENT. SUBRECIPIENT agrees to follow the schedule outlined in the Schedule of Activity of this AGREEMENT, and shall notify the CITY, in writing, prior to any changes, delays or departures from the Schedule of Activity. If SUBRECIPIENT demonstrates that delays or departure from the Schedule of Activity is due to circumstances beyond its control, the CITY and SUBRECIPIENT may (but the City shall not be required) to amend the Schedule of Activity. SECTION III Records and Reports SUBRECIPIENT agrees to establish and maintain records and reports as outlined in the Records and Reports attached hereto as Exhibit D (the “Records and Reports”) and agrees to make the Records and Reports available to the CITY, HUD, and any other local, state or federal entity or authority that may exercise jurisdiction over ESG funds. SUBRECIPIENT shall maintain records as per 24 CFR 576.500. SUBRECIPIENT shall retain all program records for a period of five (5) years from final ESG payment. SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personal identifying information (as defined in HUD’s standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG Assistance will be kept secure and confidential; (ii) The address or location of any domestic violence, dating violence, or stalking shelter project assisted under the ESG will not be FY2024-PY2023 ESG Salvation Army Agreement Page 2 of 16 made public, except with written authorization of the person responsible for the operation of the shelter; and (iii) The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with this section. SECTION IV Training and Monitoring Visits SUBRECIPIENT shall attend an orientation prior to the award of funds. SUPRECIPIENT shall attend any training as required by the CITY. SUBRECIPIENT agrees that the CITY shall conduct on-site monitoring visits at least annually to assure compliance with applicable Federal requirements and that performance goals are being achieved, if applicable, as per 2 CFR 200.328 (a). After each monitoring visit, the CITY shall provide SUBRECIPIENT with a written report of the monitor’s findings. If the monitoring reports note deficiencies in SUBRECIPIENT’S performance under the terms of this AGREEMENT, the monitoring report shall include requirements for the timely correction of such deficiencies by no later than thirty (30) days of the date of the report by SUBRECIPIENT. Failure by SUBRECIPIENT to take action specified in the monitoring report may be cause for suspension or termination of this AGREEMENT, as provided in Section XII of this AGREEMENT. In addition, SUBRECIPIENT shall give HUD, Inspectors General, the Comptroller General of the United States, the CITY, and any of their duly authorized representatives, unobstructed and full access to and the right to examine all books, accounts, records, reports, files, bookkeeping, accounting ledgers, financial records, and other documents, things, or property belonging to or in use by SUBRECIPIENT pertaining to this AGREEMENT. SECTION V Payment Requests and Program Income SUBRECIPIENT agrees to follow administrative directions and policyfrom the CITY regarding documenting and processing payment requests as defined in the Requests for Payments attached hereto as Exhibit E(the “Requests for Payments”) of this AGREEMENT. FY2024-PY2023 ESG Salvation Army Agreement Page 3 of 16 SUBRECIPIENT shall submit final reimbursement request to the CITY within 30 days (by August 1, 2024) of the AGREEMENT termination date. SUBRECIPIENT and CITY agree that if applicable, program income generated from the use of ESG funds shall be retained by the SUBRECIPIENT. If the activity is partially assisted with ESG funds, the SUBRECIPIENT agrees to pro-rate the gross income to reflect the percent of ESG funds assisted in the activity. SUBRECIPIENT is to provide to the CITY by the third Wednesday of each month an accounting of program income outlined in the Records and Reports. The CITY is then required to report all ESG program income earned, retained, and expended. SUBRECIPIENT shall be allowed to use program income for the same or similar eligible activities that generated the program income. Failure of the SUBRECIPIENT to report program income as required shall cause the CITY to require all program income to be recovered by the CITY. SUBRECIPIENT and the CITY agree that any and all unused ESG funds at the end or termination of this AGREEMENT will be reallocated or reprogrammed by the CITY. Refer to Exhibit E for more detail. SECTION VI Matching Funds SUBRECIPIENT must match 100% the funds provided by the CITY with an equal amount of funds from other appropriate resources in this AGREEMENT as set forth in 24 CFR §576.201. Eligibility of matching fund sources shall be subject to review and approval by the CITY. In the event the CITY determines that the SUBRECIPIENT’S match funds are not in compliance with HUD regulations, policies, or directives, the CITY may, in its sole discretion, reduce the total funding amount set forth in an amount proportionate to the ineligible match funds. The requirements for matching ESG funds are described in section 576.201 of the ESG Interim Rule, and the requirements for documenting matching contributions are described in section 24 CFR 576.500(o). SECTION VII Lead Based Paint Lead Based Paint regulations require that all owners, perspective owners, and tenants of properties constructed prior to 1978 be properly noticed that such properties may contain lead- FY2024-PY2023 ESG Salvation Army Agreement Page 4 of 16 based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. Lead-based Paint Remediation and Disclosure. The SUBRECIPIENT must comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4821-4826), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations found at 24 CFR Part 35, subparts A, B, H, J, K, M and R with regard to all shelters assisted under ESG program and all housing occupied by program participants. SUBRECIPIENT may not use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in 24 CFR §576.403 (b), (c), (1-10). SUBRECIPIENT must complete a Lead-Based Paint visual assessment on all units being assisted with ESG funds by state certified lead-based paint health inspectors and must maintain in the client’s file documentation that said inspection passed and met all requirements as referenced above. SECTION VIII Religious Activities SUBRECIPIENT and the CITY both agree that none of the funds expended or activities undertaken shall be used in support of any sectarian or religious activity or religious holiday, nor shall any building or structure funded under this AGREEMENT be used for sectarian or religious activities. If an entity conducts these activities, the activities must be offered separately, in time or location, from the programs or services funded under ESG, and participation must be voluntary for program participants as described in 24 CFR 576.406. SECTION IX Other Program Requirements SUBRECIPIENT agrees to comply with "Other Federal Requirements" as listed in 24 CFR 576.407 except for those environmental review requirements listed as 24 CFR part 50 and initiation of review process under the provisions of 24 CFR part 58. In general, the revisions to the section on “Other Federal Requirements” clarify the degree to which certain requirements are applicable, remove certain requirements that are redundant or moved elsewhere in the rule for improved organizational purposes, and change certain requirements to correspond with changes in the McKinney-Vento Act or other changes made by this interim rule. (Please see Exhibit F attached hereto and incorporated herein for all purposes). FY2024-PY2023 ESG Salvation Army Agreement Page 5 of 16 SECTION X Uniform Administrative Requirements SUBRECIPIENT must comply with the requirements and standards implemented in 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards” and any subsequent amendments thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as guidance). Audits shall be conducted annually. SUBRECIPIENT shall comply with the provisions in 2 CFR Part 200 or the related ESG provisions, as specified in the Other Federal Requirements attached hereto as stated in Exhibit F (the “Other Federal Requirements”) and any subsequent amendments thereto. SECTION XI Audit Requirements SUBRECIPIENT agrees to comply with the applicable requirements and standards as set forth in 2 CFR Part 200, Subpart F, Audit Requirements, and any subsequent amendments thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as guidance). If SUBRECIPIENT expends less than Seven Hundred Fifty Thousand Dollars ($750,000.00) a year in federal awards, then they are exempt from the audit requirements implemented in 2 CFR part 200 for that year except as noted in 2 CFR §200.503; however, records must be available for review or audit by appropriate officials of HUD, the CITY and the General Accountability Office. However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, SUBRECIPIENT must, within nine (9) months from the end of its fiscal year, supply the CITY with an audit of revenues and expenditures conducted by a certified public accountant. Grant funds may be forfeited if the SUBRECIPIENT fails to submit an audit within the allotted time. SUBRECIPIENT agrees to furnish the CITY with a current Financial Management Letter (financial statements) within six (6) months from the end of its fiscal year covering the period of this AGREEMENT that includes detailed receipts and disbursement of payments to SUBRECIPIENT hereunder. Grant funds may be forfeited if the SUBRECIPIENT fails to submit a Financial Management Letter. SUBRECIPIENT is required to submit a 990 Tax Return (Return of Organization Exempt from Income Tax) for the most recent fiscal year within six (6) months if submitting a Financial FY2024-PY2023 ESG Salvation Army Agreement Page 6 of 16 Management Letter or within nine (9) months if submitting a Financial Audit. If the SUBRECIPIENT is not classified as exempt, the SUBRECIPIENT will not be awarded grant funds. SUBRECIPIENT is required to submit 941 Employer’s QUARTERLY Federal Tax Return reports. If applicable, SUBRECIPIENT agrees to cooperate with the CITY relating to any inquiries regarding the Financial Audit or Financial Management Letter and SUBRECIPIENT acknowledges that a Financial Audit or Financial Management Letter shall be provided to the CITY at the expense of the SUBRECIPIENT. Financial Audit or Financial Management Letter shall be available to the CITY staff, and any and all applicable federal agencies, and be of unrestricted access, in accordance with 2 CFR 200.331 and 2 CFR 200.336. SECTION XII Suspension and Termination Termination For Cause. SUBRECIPIENT understands that this AGREEMENT may be terminated, in accordance with 2 CFR 200.339, if the SUBRECIPIENT materially fails to comply with any of the provisions of this AGREEMENT or the provisions so listed in the Statement of Work attached hereto as Exhibit A (the “Statement of Work”), the Grant Budget attached hereto as Exhibit B-1 (the “Grant Budget), the Payment Schedule attached hereto as Exhibit B-2 (the “Payment Schedule), the Schedule of Activity attached hereto as Exhibit C (the “Schedule of Activity”), the Records & Reports attached hereto as Exhibit D (the “Records & Reports”), the Request for Payments attached hereto as Exhibit E(the “Request for Payments”), Other Applicable Provisions attached hereto as Exhibit F(the “Other Federal Requirements”), and 2 CFR part 200. Further, SUBRECIPIENT understands that all remedies for non-compliance pursuant to 2 CFR 200.338 may be utilized if the requirements of this AGREEMENT are not followed. Termination For Convenience. The CITY may terminate this Agreement in whole or in part for Convenience upon ten (10) days written notice to SUBRECIPIENT. The termination for convenience shall be effective upon SUBRECIPIENT’S receipt of the Notice of Termination for Convenience. SUBRECIPIENT agrees to follow all the requirements under 24 CFR 576.402 when terminating assistance on a program participant. If a program participant violates program requirements, the recipient or SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the recipient or SUBRECIPIENT that recognizes the rights of the individuals affected. FY2024-PY2023 ESG Salvation Army Agreement Page 7 of 16 SUBRECIPIENT must document the determination of ineligibility for each individual or family determined ineligible as required in 24 CFR 576.500. The record must include documentation of the reason for that determination. It is expressly agreed that this AGREEMENT may not be amended except upon the joint action of both the CITY and SUBRECIPIENT. SECTION XIII Assets SUBRECIPIENT shall not purchase any asset unless so permitted by the CITY and such procurement shall be done in the form and manner so prescribed by the CITY. Any asset acquired or improved in part or in whole with ESG funds must be used in an activity that meets one of the national objectives listed in 24 CFR Part 91 and 576. The disposition of any asset improved or acquired in part or in whole with ESG funds by the SUBRECIPIENT must be done with prior written approval of the CITY, and the CITY shall be reimbursed for the asset, if sold, in the full amount of the disposed value of the asset. The CITY may, at its option, request that such asset be transferred to the CITY if the asset is no longer being used to meet one of the national objectives or in any case where the SUBRECIPIENT no longer provides services shown on the Statement of Work. SECTION XIV Use of Emergency Shelter If SUBRECIPIENT uses ESG funds for operation and maintenance costs, SUBRECIPIENT hereby agrees to maintain the shelter for the homeless for the period for which assistance is being provided for the same targeted population. For the purposes of this AGREEMENT, such time period shall be from the date the AGREEMENT is executed to its expiration, as identified in Section XXI. SECTION XV Indemnity Clause & Insurance Provisions A)SUBRECIPIENT covenants and agrees that it will indemnify and hold the City, its elected officials, officers, agents and employees harmless from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against the City, it’s elected officials, officers, agents or employees on account of injury or damage to persons or property (including, without limitation on the foregoing, workers’ FY2024-PY2023 ESG Salvation Army Agreement Page 8 of 16 compensation, death, and premises defects) to the extent any such injury or damage may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents (“Indemnitees”), acting pursuant to this AGREEMENT and with or without the express or implied invitation or permission of the SUBRECIPIENT, or on the part of the SUBRECIPIENT or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the SUBRECIPIENT, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by Indemnitees, the SUBRECIPIENT or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the SUBRECIPIENT or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the SUBRECIPIENT to maintain the Facilities. (B)These terms of indemnification are effective upon the date of execution of this AGREEMENT and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, but not if such injury or damage may result from the sole negligence or willful misconduct of Indemnitees. (C)The SUBRECIPIENT covenants and agrees that, in case the City is made a party to any litigation against the SUBRECIPIENT or in any litigation commenced by any party other than the SUBRECIPIENT relating to this AGREEMENT, the SUBRECIPIENT shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, HOLD HARMLESS, DEFEND AND INDEMNIFY THE CITY, it’s elected officials, officers, agents, representstives and employees in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termination or expiration of this AGREEMENT. (E) SUBRECIPIENT shall maintain in full force and effect, throughout the term of this AGREEMENT, insurance that complies with the standards in Exhibit H, a copy of which is attached to this AGREEMENT and incorporated in this AGREEMENT by reference. A certificate evidencing the SUBRECIPIENT’S provision of insurance must be provided to the City’s Risk Manager (“Risk Manager”) and the CITY at least ten (10) days prior to any expenditures of ESG funds by the SUBRECIPIENT. Failure to maintain any of the types and limits of the insurance required by Exhibit H is cause for the City Manager to terminate this AGREEMENT and cancel any and all reimbursements of ESG funds to the SUBRECIPIENT. FY2024-PY2023 ESG Salvation Army Agreement Page 9 of 16 (F) SUBRECIPIENT shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days advance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit H. (G) CITY’S Risk Manager retains the right to re-evaluate the insurance requirements during the term of this AGREEMENT and adjust the types and limits of such insurance upon thirty (30) days written notice to SUBRECIPIENT. Insurance types and limits may not be adjusted more frequently than once a year. SECTION XVI Procurement SUBRECIPIENT agrees to follow the statues and rules governing the CITY in the procurement of services, supplies or non-real property in relation to CITY-funded projects. The legal standards that will apply include the procurement standards of the City of Corpus Christi, which includes procurement standards established by 2 CFR part 200. SUBRECIPIENT must comply with ESG applicable requirements covered in this AGREEMENT. Procurement by the SUBRECIPIENT must follow a written code of conduct and establish procurement procedures that provide an open and free competition in accordance with 2 CFR part 200. SUBRECIPIENT shall comply with current ESG policy and 2 CFR part 200, concerning the purchase of equipment and shall maintain inventory records of all non-expended personnel property as defined by such policy as may be procured with funds provided herein. SECTION XVII Conflict of Interest SUBRECIPIENT covenants that members of its organization or staff members who exercise influence on the decision-making process will not have any interest, direct or indirect, with any person, corporation, company or association that is hired to carry out any of the activities so listed in the Statement of Work (Exhibit A), 24 CFR Part 576.404, and 2 CFR part 200. SUBRECIPIENT agrees that no person who is an elected official, officer, director, employee, consultant, or agent of the SUBRECIPIENT's organization or the CITY's organization shall gain any interest in any corporation, company, or association that is hired to carry out any of the activities so listed in Statement of Work during their tenure or for a period of one year thereafter. FY2024-PY2023 ESG Salvation Army Agreement Page 10 of 16 SUBRECIPIENT agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/departments/city-secretary/conflict-disclosure/. SUBRECIPIENT is responsible for repayment of funds associated with any conflict of interest that may occur either knowingly or unknowingly. No CITY employee, elected official, consultant and/or agent shall solicit nor accept gratuities, favors, or anything of monetary value from any person, corporation, company, or association that has been hired or expects to be hired to perform any of the activities so described in the Statement of Work. In compliance with Section 2-349 of the City’s Code of Ordinances, the SUBRECIPIENT shall complete the City’s Disclosure of Interests form, which is attached to this AGREEMENT as Exhibit I, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this AGREEMENT. SECTION XVIII Legal Action and Venue SUBRECIPIENT agrees to notify the CITY when a problem arises that may lead to legal action or claim against the SUBRECIPIENT. The SUBRECIPIENT agrees to furnish to the CITY any and all information with respect to such action or claim. The SUBRECIPIENT agrees not to take any action with respect to any legal action or claim sought against the SUBRECIPIENT without the advice and written consent of the CITY. Venue and jurisdiction of any suit, right or cause of action arising under or in connection with this AGREEMENT shall lie exclusively in Corpus Christi, Nueces County, Texas, where this AGREEMENT was entered into and must be performed. SECTION XIX Miscellaneous Provisions Conflict with Applicable Law. Nothing in this AGREEMENT shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision of this AGREEMENT and any present or future law, ordinance or administrative, executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provisions of this AGREEMENT shall be modified only to the extent necessary to FY2024-PY2023 ESG Salvation Army Agreement Page 11 of 16 bring them within the legal requirements and only during the time such conflict exists and agreed to by all parties. Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this AGREEMENT is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this AGREEMENT, for it is the definite intent of the parties to this AGREEMENT that every section, paragraph, subdivision, clause, phrase, word, and provision of this AGREEMENT be given full force and effect for its purpose. No Waiver.No waiver by CITY of any breach of any provision of this AGREEMENT shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. Entire Agreement.This AGREEMENT contains the entire contract between the parties hereto, and each party acknowledges that neither has made (either directly or through any agent or representative) any representations or agreements in connection with this AGREEMENT not specifically set forth herein. This AGREEMENT may be modified or amended only by agreement in writing executed by CITY and SUBRECIPIENT, and not otherwise. Texas Law to Apply. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE IN NUECES COUNTY, TEXAS. THIE PARTIES HEREBY CONSENT TO PERSONAL JURISDICTION IN NUECES COUNTY, TEXAS. Notice. Except as may be otherwise specifically provided in this AGREEMENT, all notices, demands, requests or communications required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by electronic mail, or (iii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or (iv) sent by facsimile or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to CITY: If to SUBRECIPIENT: City of Corpus Christi The Salvation Army of the Coastal Bend Attn: Daniel McGinn, Director Attn: Maj. Russell Czajkowski, Planning and Community DevelopmentCommanding Officer nd 1201 Leopard Street, 2 Floor 1802 Buford St Corpus Christi, Texas 78401 Corpus Christi, TX 78404 Phone: (361) 826-3862 Phone: (361) 884-9497 Fax: (361) 826-3005 Fax: (361) 884-7522 Email: DanielMc@cctexas.com Email: russell.czajkowski@uss.salvationarmy.org FY2024-PY2023 ESG Salvation Army Agreement Page 12 of 16 Each notice, demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the Unites States mail. Certificate of Interested Parties. SUBRECIPIENT agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this AGREEMENT as Exhibit J. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/. The form must then be printed, signed, notarized, and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/filinginfo/1295/. (Your web browser must be at a minimum browser level: Chrome 4, Firefox 15, Internet Explorer 9, Opera 12.1, or Safari 4.) Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this AGREEMENT have been provided to the SUBRECIPIENT as evidenced by the SUBRECIPIENT’S ESG Compliance Affidavit, which is attached to this AGREEMENT as Exhibit K and is incorporated into this AGREEMENT by reference. Any failure by the CITY to supply the SUBRECIPIENT with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit K does not waive the SUBRECIPIENT’S compliance there-with as required by law. Additional Documents.The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this AGREEMENT. Successors.This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this AGREEMENT. Assignment. This AGREEMENT shall not be assignable by SUBRECIPIENT. The CITY may assign this AGREEMENT without the consent of SUBRECIPIENT. Headings. The headings and captions contained in this AGREEMENT are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of any provision or paragraph hereof. Gender and Number. All pronouns used in this AGREEMENT shall include the other gender, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural whenever and as often as may be appropriate. FY2024-PY2023 ESG Salvation Army Agreement Page 13 of 16 Authority to Execute. The execution and performance of this AGREEMENT by the CITY and SUBRECIPIENT have been duly authorized by all necessary laws, resolutions or corporate action, and this AGREEMENT constitutes the valid and enforceable obligations of the CITY and SUBRECIPIENT in accordance with its terms. SECTION XX Participation in HMIS and Coordinated Access System SUBRECIPIENT agrees that projects receiving funding under Emergency Solutions Grants (“ESG”) program will participate in the Homeless Management Information System (HMIS). Section 416 (f) of the McKinney-Vento Act and HEARTH Act (24 CFR Part 580) requires that projects receiving funding under Emergency Solutions Grant (ESG) program participate in HMIS pursuant to 24 CFR 576.107. SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS. If SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provide to an HMIS. SUBRECIPIENT must report all client statistical data using the Sage HMIS Reporting Repository for CAPER submission. SUBRECIPIENT MUST ensure that all client data is entered into Sage and produce the statistical information required by HUD on program participants served with ESG funds. SUBRECIPIENT will provide City their final statistical report no later than October 15, 2024. SUBRECIPIENT shall work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by the CITY. A victim service provider may choose not to use the Continuum of Care’s centralized or coordinated assessment system as set forth in 24 CFR §576.400(d). SUBRECIPIENT shall coordinate and integrate, to the maximum extent practicable, ESG- funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for the area as set forth at 24 CFR §576.400(b). FY2024-PY2023 ESG Salvation Army Agreement Page 14 of 16 System and Program Coordination with Mainstream Resources. The SUBRECIPIENT must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible as set forth in 24 CFR §576.400(c). Participation of Homeless Persons in Policy-Making and Operations, The SUBRECIPIENT understands they are required by federal rule to provide for the participation of at least one homeless or formerly homeless person(s) in a policy-making function within the organization as required in 24 CFR §576.405. This might include, for example, involvement of a homeless or formerly homeless person on the Board of Directors or similar City that considers and sets policy or makes decisions for the recipient agency. If SUBRECIPIENT is unable to meet requirement, it must instead develop and implement a plan to consult with homeless or formerly homeless individuals in considering and making policies and decisions regarding any facilities, services, or other assistance that receive funding under Emergency Solutions Grant (ESG). The plan must be included in the annual action plan required under 24 CFR 91.220. SUBRECIPIENT also agrees that to the maximum extent practicable, they will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this AGREEMENT and in providing services for occupants of facilities assisted under this AGREEMENT as listed in 24 CFR §576.405 in accordance with 42 U.S.C. 11375 (c) (7) and 42 U.S.C. 11375 (d). SECTION XXI Effective Date The effective date of this AGREEMENT shall be October 1, 2023, such date being the date the City of Corpus Christi entered into this AGREEMENT with SUBRECIPIENT and shall terminate th day of September 2024. on the 30 FY2024-PY2023 ESG Salvation Army Agreement Page 15 of 16 Executed electronically with e-signatureoriginals to be effective as of the date first set forth above. ATTEST: City of Corpus Christi Rebecca HuertaDaniel McGinn, Director SecretaryPlanning and Community Development ATTEST: The Salvation Army of the Coastal Bend (Corporate Seal)Name: Title: ______ APPROVED AS TO FORM: _________________________________________ Jacqueline Salinas-Bazan Assistant City Attorney FY2024-PY2023 ESG Salvation Army Agreement Page 16 of 16