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HomeMy WebLinkAboutC2009-340 - 9/8/2009 - ApprovedHPRP GRANT AGREEMENT C. C. Metro M i n istries This grant agreement ~"Agreement"} is made by and between the City of Corpus Christi, a home-rule municipal corporation organized under the laws of the State of Texas ~"City"}, and Corpus Christi Metro Ministries, Inc,, a nonprofit corporation organized underthe laws of the State of Texas ~"Subrecipient"}, WHEREAS, the parties desire to enter into an Agreement pursuant to the regulations of the U.S. Department of Housing and Urban Development ~"HUD"} in order for the City and the Subrecipient to utilize HUD funding forthe Homelessness Prevention and Rapid Re-Housing Program ~"HPRP"} provided under the federal American Recovery and Reinvestment Act of 2009 ~"Act"}. NQW, THEREFORE, in consideration of the mutual promises and considerations set forth below, the parties agree to the following: 1. PURPGSE: The purpose of this Agreement is to provide funding for homelessness prevention and re-housing assistance, in accordance with the HPRP and the Act. It is under- stood and agreed by the parties that this Agreement and the disbursement of HPRP funds pursuant to this Agreement are governed by the provisions of federal law, in accordance with Docket No. FR-5301-N-01, the notice of HPRP funding allocations, entitled "Notice of Allocations, Application Procedures, and Requirements far Homelessness Prevention and Rapid Re~Housing Program Grantees underthe American Recovery and Reinvestment Act of 2009" the "Notice"}; with Docket No. FR-5lD3-N-D2, Notice of Corrections and Clarifications the "Notice Corrections"}, and other issued applicable federal regulations and guidelines collectively referred to as the "Notices"} under the Act. The parties further acknowledge and agree that all Notices are incorporated into this Agreement by reference as if such Notices had been set out in their entirety in the body of this Agreement. 2. CONTRACT TERM: The term of this Agreement shall run from final execution of the Agreement by the parties until February 28, 2011. All services performed by Subrecipient under this Agreement shall be performed within the dates of this term, and within the dates of any amendment to this Agreement, in orderto be reimbursable by City. 3. SCaPE GF SERVICES: Subrecipient shall use HPRP funds forthe tasksto be performed as Exhibi# "A,"which is attached to this Agreement and, by this reference, incorporated herein. 4. FUNDING: Funding forthis Agreement shall be derived from the City's HPRP program allocation and must be used with the territorial limits of the city of Corpus Christi, Nueces County, Texas. 5. BUDGET: The City shall provide an amount not to exceed $351,84D for services as contemplated by the terms of this Agreement. The categories of funding allocations are set out in Exhibit "A." Any deviation by Subrecipient from the categories and associated allocation amounts stated in Exhibit "A"must be pre-approved in writing by the City, 6. PERFGRMANCE MEASUREMENTS: Subrecipient shall comply with all reporting requirements established by the federal government to ensure the City and HUD have access to ~~ ~ -340 et the standards of the Government Performance and Results Act of Zoo9 r countable for establishin oals and ob'ectives and 305 ~al agencres ac g g ~ Res. OZS 09/08/09 ~~~~ CC Metro Ministries measuring achievements. Subrecipient shall meet this requirement through the submission of quarterly and annual performance reports to the City as outlined in Paragraph 13 of this Agreement. 7. LIMITED ENGLISH PROFICIENCY: Subrecipient shall prepare, maintain, and implement a language assistance plan ~"LAP"} to ensure meaningful access to its programs and activities by limited English proficient persons in compliance with HUD's "Final Guidance to Federal Financial Assistance Recipients Regarding Title VI, Prohibition Against National Origin Discrimi- nationAffecting Limited English Proficient Persons" notice in the Federal Register, published on January 22, 2007. 8. ADMINISTRATIVE REPRESENTATIVES: The designated representatives of the parties for purposes of administering this Agreement shall be: CITY: Administrator, Community Development Neighborhood Services Department P.G. Box 9277 Corpus Christi, TX 18469-9277 SUBRECIPIENT: Executive Director Corpus Christi Metro Ministries, Inc. 1919 Leopard Street Corpus Christi, TX 78401 9. BILLINGSIDISBURSEMENT REQUESTS: Subrecipient is encouraged to submit dis- bursement requests on a monthly basis, but must submit a disbursement request at least quarterly. Subrecipient's billing shall include documentation of all expenses to be reimbursed ~i.e., vouchers, invoices, payroll registersltimesheets, and proof of paymentlreceipts}. 10, CGNFIDENTIALITYANO VERIFICATION GF SERVICES: Subrecipient agrees to ensure the confidentiality of the name of any individual assisted under Subrecipien#'sHPRP-funded pragram and any other information regarding any individual receiving assistance under this pragram, including the location of any assisted housing, except as needed for verification of services by City and HUD, through any authorized representatives, who shall have access to and the right to examine and duplicate all records, books, papers or documents on all Subre- cipient operations funded in whole, or in part, under this Agreement for a period of four ~4} years following the termination of #his Agreement. 11. INF~RMATIDN: The City and HUD shat! have unrestricted authority to publish, disclose, distribute and o#herwise use, in whole or in part, any reports, data, materials, or other informa- tion prepared under or in conjunction with this Agreement, including current and accurate data on the race and ethnicity ofHPRP-funded program participants, except as protected by the confidentiality clause in Paragraph 10 above. 12. HMIS REQUIREMENTS AND PRGGRAM PARTICIPANT DATA: Subrecipient shall collect and record client data in a Homeless Management Information System ~HMIS}. Subre- cipientshall submit their data electronically to City on a quarterly and annual basis as outlined in Paragraph 13 of this Agreement. 13. REPGRTS: As a condition of funding, Subrecipient shall submit to City quarterly reports plus an annual report for each funded calendar year. Subrecipient shall submit an initial per- formance report not later than October 15, 2009, which covers the period between the Agree- ment execution date and September 30, 2009, and which shall serve as the first Quarterly Page 2 of l Performance Report and Supplement ~"QPRS"}. Ongoing QPRS documents, which may in- cludemany ofthe same items as the first report, will be due not laterthan January 15t", April 15t~, July 15t~', and October 15~~ of each calendar year that Subrecipient expends HPRP funds underthis Agreement. Subrecipient shall also submit an Annual Performance Report not later than November 1~t of each calendar year that Subrecipient expends HPRP funds under this Agreement, City, at its sole discretion, may withhold payment to Subrecipient under this Agreement at any time if Subrecipient does not submit its required performance reports on time. 14. BUSINESS REGISTRATION AND LICENSES: Subrecipient agrees to register with Dun and Bradstreet in order to obtain a DUNS number and to complete or renew their registration in the Central Contractor Registration ~CCR} system, if applicable. Additionally, Subrecipient shall ensure that it has all necessary licenses, permits, and cer#ifications required to provide HPRP services under this Agreement, if required by federal, State, or local laws, rules, and regulations. 15. CONFLICT OF INTEREST: Subrecipient agrees to comply with Title 24 of the Code of Federal Regulations ~"CFR"} Part 84.42 governing conflicts of interest as well as all other CFR titles that are applicable to this subject matter. Subrecipient shall establish safeguards to pro- hibit its employees, board members, advisors, and agents from using positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Subrecipient shall disclose to the City any conflict of interest or poten#ial conflict of interest described above immediately upon discovery of such, and Subrecipient shall make all necessary disclosures and take all remedial actions required by HUD and the City pertaining to any conflicts. 16. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Subrecipient represents that it has not: ~1} provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity; ~2} retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees for bona fide commercial pur- poses; ~3} knowingly breached any of the ethical standards set forth in the City's ethics and conflict of interest ordinances set out in the City's Code of Ordinances; or ~4} knowingly in- fluenced, and hereby promises that it will not knowingly influence, a city officer or employee or former city officer or employee to breach any of the ethical standards set forth in the City's ethics and conflict of interest ordinances set out in the City's Code of Ordinances. 17. INDEPENDENT CONTRACTOR: For the purpose of this Agreement, it is understood that the parties are independent contractors and no employee or agent of one is, for any purpose of this Agreement, an employee or agent of the other. Nothing contained herein shall, nor shall any of the obligations of the parties hereunder in any manner, inure to the benefit of third parties. ~ s, INDEMNIFICATION: Subrecipient covenants and agrees that it will indemnify and hold City, its officers, officials, employees, and agents harmless from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises defects) to the extent any such injury or damage maybe incident to, arise out of, or be caused by, Page 3 of 7 either proximately or remotely, wholly or in part, an act or omission or negligence on the part of the City, its officers, officials, employees, or agents ("Indemnitees"), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Sub- recipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by the Subrecipient or any of its employees, agents, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind. These terms of indemnification are effective upon the date of execu- tion of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of /ndem- nitees, as applicable, but not if such injury or damage may result from the gross negligence or willful misconduct of /ndemnitees. Subre- cipientagrees that said indemnification shall extend to any claim asserted against the Cify by the U.S. Department of Housing and Urban Development as a result of this Agreement or the grant made pursuant to this Agreement, regardless of the fault ornon-fault of Subrecipient in connection with such claim. The foregoing not withstanding, the Subrecipient shall not be obligated to indemnify the Indemnitees for any damages that are caused by or result from the sole fault of the /ndemnitees or its officers, officials, employees, or agents. Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any liti- gation commenced by any party other than the Subrecipient relating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory fo 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. The indemnification provisions of this section survive the termination or expiration of this Agreement. 19. LAWS AND REGULATIgNS: a. Fair Housing and Civil Rights ,Laws: Subrecipient agrees to comply with all fair housing and civil rights requirements in 808~e~~5~ of the Fair Housing Act, 24 CFR 5.1 o5~a~, and all other applicable federal and State laws. b. Uniform Administrative Re uirements: Subrecipient shall comply with applicable uniform administrative requirements, as described in ~4 CFR Park 84. Page 4 of 7 c. Lead-based Paint Requirements: The Lead-Based Paint Poisoning Prevention Act X42 U.S.C. 4801 et seq.}, as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 X42 U.S.C. 4851 et seq.} and implementing regulations at 24 CFR Par# 35, Subparts A, B, M, and R, shall apply to housing occupied by families receiving assistance through HPRP. d. Religious Activities and Discrimination: A religious organization that participates in HPRP will retain its independence from federal, State, and local governments and may con#inue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct HPRP funds to support any inherently religious activities. Subrecipient shall not discriminate against a program participant or prospective program participant on the basis of religion or religious belief. e, Lobb in and Disclosure Re uirements: Disclosure and prohibitions of Section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 X31 U.S.C. 1352} the Byrd Amendment} and implementing regulations at CFR 24 Par# 8l apply to HPRP. f. Drug-Free Workplace Requirements: The Drug-Free vvorkplace Ac# of 198$ U.S.C. ?D1, et seq.} and HUD's implementing regulations at 24 CFR Part 21 apply to HPRP. 2D. REDUCTi~N IN FUNDING: In the remote event that HUD should, for any reason, reduce or eliminate the City's HPRP allocated grant funding amount, the City reserves the right to renegotiate the amount of compensation due Subrecipient for the activities to be funded under this Agreement, or to terminate this Agreement at the City's sole discretion. 21. TERMINATION: The City may terminate this Agreement if HPRP-funded program require- mentsare violated or not met by giving Subrecipient written notification containing a clear state- ment of the reasons}for termination. Subrecipient may request a review of the decision by the City's City Manager or his designee ~"City Manager"} and shall receive prompt, written notice of the City's final decision. 22. SETOFF: Notwithstanding any provision appearing to the contrary, Subrecipient shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Subrecipient. The City may withhold payment of compensation to Subre- cipientfor the purpose of setoff until such time as the exact amount of damage incurred by the City that is due from Subrecipient is determined and paid. Such damages may include HUD's disqualification of the activities funded underthis Agreement because of Subrecipient's failure to properly administerthe same. 23. INTEGRATED DGCUMENT: This Agreement embodies the entire agreement between City and Subrecipient for the scope of services to be performed and theirterms and conditions. No verbal agreements or conversations with any officer, official, agent, or employee of the City prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement and any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in noway binding upon the City. 24. AMENDMENTS: This Agreement may be amended only by written agreement of the parties by authorized representatives of each party. However, the City Manager is authorized to execute amendments on behalf of the City to extend the term of this Agreement, in the event such an extension is necessary to accomplish the purposes and activities outlined in this Agree- ment. Page 5 of 7 25. SEVERABILITY OF PROVISIONS: If, for any reason, any section, paragraph, subdivi- sion, 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, para- graph, 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 to conform to the terms and requirements of applicable law. 26. NON-ASSIGNABILITY: Subrecipient shall not assign any interest in this Agreement to another party nor transfer any interest in this Agreement without the written consent of the City. 2l. NO THIRD PARTY BENEFICIARIES: Subrecipient's obligations are solely to the City and to HUD and the City's obligations are solely to Subrecipient and to HUD. This Agreement shall confer no third party rights whatsoever other than those between the parties hereto and HUD. 28. SUCCESSORS: Subrecipient covenants that the provisions of this Agreement shall be binding upon its heirs, successors, subcontractors, representatives, and agents. 29. AMBIGUITY: The parties agree that any ambiguity in this Agreement shall be construed in favor of the City. 30. GOVERNING LAW AND VENUE: The laws of the State of Texas govern and are applies cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 31. ENFORCEMENT OF THE AGREEMENT: In accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if Subrecipient materially fails to comply with any of the terms of this Agreement. The City may require Subrecipient to repay funds disbursed to Subrecipient if it is determined Subrecipient has breached the provisions of this Agreement. The City may permit the Agreement to be terminated for convenience in accordance with 24 CFR 85.44, 32. DISCLOSURE OF INTERESTS: Incompliance with Section 2-349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of !nleresls form, which is attached to this Agreement as Exhibit "B,"the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGE FOLLOWS) Page fi of l ATTEST: Armando Chapa City Secretary ~~~~ Date CITY aF CORPUS CHRISTI ~ ~ `Ang scobar City Manager 9/~v/afi Date SUBRECIPIENT: CORPUS CHRISTI METRE MINISTRIES, INC. .. .~ r Signature y5~i ~ ' ~[ ~~~ Printed Name i ~ ~~~ ~~ ~ ~~~ fir,: ~ ~~f ~~~~ Title ~., ~~~~ ~~ Date ~~ -~~ ~UTHURl~ ~ D~ 1T ~~~C~I. ~. ~.~ ``ww``~~r~.r rrr..~rrrw~ Y~~~~~~ ~~~~ ACKN~INLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § ' instru t was ackno ledge before me on , 2009, by , an aut ized representative of Corpus Christi Metro Mini , Inc., a Texas nonprofit corporation on behalf of the corporation. ,,,,,~~~~,,,,, Nota Public, State as +~~o~~,nYA~•<;~, LAURISA LYNN BAKIfk M corn fission ex ices :: '; : Notary Public S y p . tats of 1"ex~~ . ;."f~ ..., .~~,: My Commission ~xp~r~s Pale 7 of l r1PV~v....... - - _r For City Attorney Agency Name: wCorpus Ch,rist~„w~ro Mi,.n~strie~, TABLE 1 PROGRAM BUDGET v: ~rk ~~ ~ ~ ~~ ~~ ~ ray - ~ 0~. 1 7Y H S.ry~ `Y ~' f ' ~ S:. •~$,~ ' ~~ s ~. N "~ ~'~ Y ~ _ ~ ~~,~^~,, f~ ~.~.;, a~~,~ya , ,F > ~ y ugh, ~~ t k# ~~ ~ ,~2.C ~~ : F{ VM ~~ ' i Y~ FINANCIAL ASSISTANCE Short-term rents! $ 1,460.D0 $ 1,460.DD $ 3,130.00 $ 18,650.00 assistance Medium-term rental $ 24,800.DD $ 24,800.00 $ 12,400.00 $ 62,000.00 assistance Securit De osits $ 6,200.00 $ 5,200.00 $ 3,100.00 $ 15,500.00 Utilit De osits $ 6,200.00 $ 6,20D.D0 $ 3,100.00 $ 15,500.00 Utilit Pa ments $ 12,4D0.00 $ 12,400.Q0 $ 6,200.0D $ 31,0D0.D0 Movin assistance costs $ 5,200.D0 $ 6,20D.00 $ 3,100.00 $ 15,500.00 Motel I Hotel Vouchers $ 1,46D.o0 $ 1,460.00 $ 3,130.D0 $ 18,650.00 Fr`nancial Assistance Sub- $ 70,720.00 $ 10,12D.0D $ 35,360.00 $116,800.00 Total HOUSING RELOCATION AND STABILITATION r. ~~~~'~' SERVICES y ~?~yz Case Mana ement $ 40,920.00 $ 40,920.00 $ 20,46D.04 $102,300.DD Counselin $ 1,44D.D0 $ 1,44D.00 $ 3,120.00 $ 18,600.00 Developing, securing, $ 4,960.00 $ 4,960.00 $ 2,480.00 $ 12,4D0.00 and coordinatin services NRSS Sub-Total $ 53,320.00 $ 53,320.00 $ 26,660.00 $133,300.00 HOUSING SEARCH , ~~~ AND PLACEMENT :::- .-d~~.~,. Assist participants in $ 3,720.00 $ 3,120.00 $ 1,860.00 $ 9,300.0D locating, obtaining, retainin housin Tenant Counselin $ 3,120.00 $ 3,120.00 $ 1,860.00 $ 9,300.00 Securin Utilities $ 4,340.00 $ 4,340.00 $ 2,110.00 $ 10,850.00 Making moving ~ 2,48D.00 $ 2,480.0D $ 1,240.D0 $ 6,200.00 arran ements Representing payee 4~ $ $ $ services Mediation $ $ $ $ HSP Sub-Tots! $ 14,260.00 $ ~ 4,260.00 $ 7,130.00 $ 35,650.0D LEGAL SERVICES ~ 2,852.00 $ 2,852.00 $ 1,426.00 $ 1,130.00 CREDIT REPAIR $ $ $ $ SERVICES DATA COLLECTION $ 1,984.00 $ 1,984.00 $ 992.00 $ 4,960.D0 HMIS~ TOTAL FUNDS $143,136,00 $143,136.00 $ 71,568.D0 $ 351,840.00 REQUESTED * Budget supports 3 FTE Case Managers EXHIBIT _...., \ SUPPLIER NUMBER EXHIBIT "B" TO BE ASSIGNED BY CITY w~ PURCHASING DNISI0N City of CITY OF CORPUS CHRISTI c°r~u~ DISCLOSURE OF INTEREST Christi City of Corpus Christi Qrdinance 17112, as amended, rewires all persons or firms seeking to do business with the City to rovide the following information. Every uestion must be answered. If the question is not a~~ icable, answer with `NA". See reverse si a for Filing Requirements, Certificattons and defin~t~ons: COMPANY NAME: ~, s ti~ ~ ~. ~~ a~~ ~ ~ ~ ~ r ~ °~ ~ ~ ~'~~' r, ~ ~ ~ ~ . P. U. BOX: ~ ~ ~ ~ ~, STREET ADDRESS: ~ ~ ~ , jam,, ~ ,~~ A CITY: C.,~ ; `~~; (J 1,,~ ~ ~.~ ~ ZIP: ~~ ~~ . __ FIRM IS: I. Corporation 2. Partnership 3. Sole owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa a or attach separate sheet. 1. State the names of each `employee" of the City of Corpus C risti ~ having an "ownership interest" constitut~ng 3% or more of the ownership ~n the above named firm. Name Job Title and City Department cif known} ~ ~~~ ~ ~ ~ ~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title ~ ~~ I k l~' 3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Baard, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership ~n the above named "firm." Name Consultant d .) FILING REQUIREMENTS . If a person who requests official action on a matter knows that the requested action will confer an economic benefit vn any City official or employee that is d~stangu~shable from the effect that the action will have on members of the public ~n general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, emplo ee yr body that has been requested to act in the matter, unless the interest of the City of icial or employee in the matter is a parent. The disclosure shall also be made in a signed writing f led with the City Secretary. [ thics Ordinance Section 2-349 ~d}~ ,CERTIFICATION . I certify that all tnformat~on provided is true and correct, as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. r a Certifying Person: ~,~ ~, ~ , , ~,,,~, Title: ~,~ C3 f [" ~ ~ ,, ,~ ~,~~ ~,~ Type or Print) ~~~~, Signature of Certifying ~ Date: ~ ._ ~, L~ L ~~ Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benef t". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either an a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest," Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or f rm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.