HomeMy WebLinkAboutC2009-341 - 9/8/2009 - ApprovedHPRP GRANT AGREEMENT
Coastal Bend Center for Independent Living
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
the Coastal Bend Center for Independent Living, Inc., a nonprofit corporation organized under
the 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 for the Homelessness Prevention and Rapid Re-Housing
Program ~"HPRP"} provided under the federal American Recovery and Reinvestment Act of
2D49 ~"Act"}.
NSW, THEREFORE, inconsideration of the mutual promises and considerations set
forth below, the parties agree to the following:
1. PURPOSE: 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-
stoodand 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 for Homelessness Prevention and
Rapid Re-Housing Program Grantees under the American Recovery and Reinvestment Act of
2049" the "Notice"}; with Docket No. FR-57D3-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, 2D11. 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 order to be reimbursable by City.
3. SCOPE 4F SERVICES: Subrecipient shall use HPRP funds for the tasks to be performed
as Exhibit "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 $250,000 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. PERFORMANCE MEASUREMENTS: Subrecipient shat! comply with all reporting
requirements established by the federal government to ensure the City and HUD have access to
et the standards of the Government Performance and Results Act of
2009-341 ~ ble for establishin oals and ob'ectives and
ral agencres accounts g g ~
Res. OZS305
09/08/09
C.B.C.I.L.
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.
1. 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 Grigin 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.O. Box 9271
Corpus Christi, TX 78469-9271
SUBRECIPIENT: Executive Director
Coastal Bend Center for Independent Living
1537 Seventh Street
Corpus Christi, TX 78444
9. BILLINGSIDISBURSEMENTREAUESTS: 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. CONFIDENTIALITY AND VERIFICATION OF SERVICES: Subrecipient agrees to ensure
the confidentiality of the name of any individual assisted under Subrecipient's HPRP-funded
program and any other informatian regarding any individual receiving assistance underthis
program, 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-
cipientoperations funded in whole, or in part, under this Agreement for a period of four ~4} years
following the termination of this Agreement.
11. INF~RMATIQN: The City and HUD shall have unrestricted authority to publish, disclose,
distribute and otherwise 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 of HPRP-funded program participants, except as protected by the
confidentiality clause in Paragraph 1 ~ above.
12. HMIS REQUIREMENTS AND PRGGRAM PARTICIPANT DATA: Subrecipient shalt
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 ofi 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, 2x09, which covers the period between the Agree-
mentexecution date and September 30, 2449, and which shall serve as the first Quarterly
Page 2 of 7
Performance Report and Supplement ~"QPRS"}. Ongoing QPRS documents, which may in-
clude man of the same items as the first report, will be due not laterthan January 15th, April
th y th th
15 ,July 15 ,and October 15 of each calendar year that Subrecipient expends HPRP funds
under this Agreement. Subrecipient shall also submit an Annual Performance Report not later
than November 15t 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 certifications required to provide HPRP
services under this Agreement, if required by federal, State, or local laws, rules, and regulations.
15. CONFLICT GF 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 potential 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 FGR 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 off cer or employee or former city
officer or employee, or his or her relative or business entity; ~2} retained any person to solicitor
secure this contract upon an agreement or understanding for a commission, percentage, or
brokerage or contingent fee, other than bona fde 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.
1 s 1NDF~'~lF1CA T1~N: Subreci lent covenants and agrees tf~at it will
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indemnif and hold Cit ,its officers, officials, employees, and agents
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harmless from and a ainst all claims, demands, actr'ans, damages,
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losses costs liabilities ex erases, and judgments recovered from or
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asserted a ar'nst the Ci on account of injury or damage to persons
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or ro ert includin without limitation on tie foregoing, workers'
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com ensation dead, and remises defects to tine extent any such
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in Yu or darns a ma be incident to, arise out of, or be caused by,
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Page 3 of l
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 ("Indemnifees"), 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 Indemnitees. Subre-
cipientagrees that said indemnification shall extend to any claim
asserted against the City by the U.S. Department of Housing and
Urban Development as a result of this Agreement or tl~e 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 ifs 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 of 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 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. The indemnification
provisions of this section survive the termination or expiration of this
Agreement.
19. LAWS AND REGULATIONS:
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
5.105(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 24 CFR Part 84.
Page 4 of l
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 Part 35, Subparts A, B, M, and R, shall apply to housing occupied by families
receiving assistance through HPRP.
d. Reli ions Activities and Discrimination: A religious organization that participates in
HPRP will retain its independence from federal, State, and local governments and
may continue to carry out its mission, including the definition, practice, and expression
of i#s 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 par#icipant on the basis of religion or religious
belief.
e. Lobb in and Disclosure Re uirements: Disclosure and prohibitions of Section 319
of the Departmen# of the interior and Related Agencies Appropriations Act for Fiscal
Year 1999 X31 U.S.C. 1352} the Byrd Amendment} and implementing regulations at
CFR 24 Part 8? apply to HPRP.
f. Dru -Free Work lace Re uirements: The Drug-Free vVorkplace Act of 1988 U.S.C.
101, et seq.} and HUD's implementing regulations at 24 CFR Part 21 apply to HPRP.
20. REDUCTION 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 ifHPRP-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 tv 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-
cipient forthe 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 rnclude HUD's
disqualification of the activities funded underthis Agreement because of Subrecrpient's failure to
properly administer the same.
23. INTEGRATED DOCUMENT: This Agreement embodies the entire agreement between
City and Subrecipient forthe scope of services to be performed and theirterms and conditions.
No verbal agreements or conversations with any officer, of~cral, 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 l
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.
27. ND 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 appli-
cable toany dispu#e arising under this Agreement. Venue is in Corpus Christi, Nueces County,
Texas, where this Agreement was entered into and must be performed.
3~ . ENFORCEMENT GF THE AGREEMENT: In accordance with Z4 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 #erminated 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 Interests 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 6 of 7
ATTEST:
o ~~
Armando Chapa
City Secretary
~ lio%g
Date
CITY OF CORPUS CHRISTI
r
'An R scobar
City Manager
~/~o/D~
Date
SUBRECIPIENT: COASTAL BEND CENTER FGR INDEPENDENT LIVING, INC.
as to tom' ~~
Printed Name
Title
~ML~tU ST rL~~ 26v ~l
Date
ACKNGWLEDGMENT
li th R. huna~ey
~~s tent CI'ty Attorney
~~~ C'~Y Attorrtiey
.~s.d AUTMORIIEP
~~ ~~c~~ ~
,~.~~~,
'r~r /oh
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This 'nstrument was ackn ledge before me on , 2~~9,
y , an autho ' d representative of oasta en
b
Cente for I epende Living, Inc., a Texas nonprofit corporation on behalf of the corporation.
,,~,,,,,,,,,` Nota Public, State o ex
'',`~~r'v ~~' LAl~R~sA LYNN ~AK~ My comm~ss~on expires
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EXHIBIT
SUPPLIER NUMBER EXHIBIT "B"
TO BE ASSIGNED BY CITY
~~~ PURCHASING DIVISION
Ciry of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Chnsti
City of Corpus Christi Ordinance 17112, as amended, requires 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,
Certifications and definitions.
COMPANY NAME: C p p,; ~-~-~ 'k~~ ~N-~L ~IStZ.IN~N I~~1T LTV I ~ C~
P. 4. BUS: ~---
STREET ADDRESS: ~C~~ c~-• CITY: ~~5~.~.{S-~ ZIP: -74,~c~
FIRM IS: 1. Corporation '~ 2. Partnership B 3. Sole Owner ^
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space Is necessa ,please use the reverse side of this pa a or attach separate sheet.
" f Co us C risti Navin an "ownershi
1. State the names of each employee of the City o rp ~i ~~ p
interest" const~tuting 3% or more of the ownership in 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
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or
Committee
4. State the names of each employee or officer of a "consultant" for the City of Cor~us 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 m the above named "firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
econorn~c benefit on any City official or employee that is dist~ngu~shable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, emplo ee or body that has been
requested to actin the matter, unless the interest of the City of ~cial or employee in the matter is
a parent. The disclosure shall also be made in a signed writing f led with the Cjty Secretary.
[ thics Ordinance Section 2-349 (d)~
CERTIFICATIQN
I certify that all information 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 Christ, Texas as changes occur.
Certi ing Person: ~~ ~ Title: ~~C.t~t~~
fY `~ -.--
(Type ar Print)
Signature of Certifying 1 Date: ~ ~ f
r ~ ~tJ
Person,
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either 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 far purposes of taxation are treated asnon-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 firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.