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HomeMy WebLinkAboutC2018-630 - 7/24/2018 - Approved 2018 EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FAMILY ENDEAVORS, INC. This agreement (hereinafter "AGREEMENT") is made and entered into on this the day of 4 .. I4-- , 2018, 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 Family Endeavors, Inc., a domestic nonprofit corporation organized under the laws of the State of Texas 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 any other federal or state or entity that may legally exercise its jurisdiction over expenditures of ESG funds. C2018-630 7/24/18 Ord. 031483 .ment Page 1 of 36 Family Endeavors Inc. SCANNED 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$50,073.00, 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) 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 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. 2018 Family Endeavors ESG Agreement Page 2 of 36 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, and other papers, 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 from 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. SUBRECIPIENT shall submit final reimbursement request to the CITY within 30 days (by September 1, 2019) 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. 2018 Family Endeavors ESG Agreement Page 3 of 36 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 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-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.0 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. 2018 Family Endeavors ESG Agreement Page 4 of 36 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). 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). 2018 Family Endeavors ESG Agreement Page 5 of 36 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 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 SUBRECIPIENT understands that this AGREEMENT may be terminated, in accordance with 2 CFR 200.339, if the SUBRECIPIENT materially fails to comply with 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- 2018 Family Endeavors ESG Agreement Page 6 of 36 compliance pursuant to 2 CFR 200.338 may be utilized if the requirements of this AGREEMENT are not followed. 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. 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 SUBRECIPIENT agrees to operate and maintain an emergency shelter for a period of three (3) or ten (10) years depending on the type of renovation and value of the building as required on §576.102. Renovation other than major rehabilitation or conversion, in all other cases where ESG funds were used for renovation,the minimum period of use is three (3) years. 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. 2018 Family Endeavors ESG Agreement Page 7 of 36 SECTION XV INDEMNITY CLAUSE& INSURANCE PROVISIONS A) SUBRECIPIENT covenants and agrees that it will indemnify and hold City harmless of,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 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, 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. (D) The indemnification provisions of this section survive the termination or expiration of this AGREEMENT. SUBRECIPIENT shall have in force, 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 2018 Family Endeavors ESG Agreement Page 8 of 36 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. 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. 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. 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 2018 Family Endeavors ESG Agreement Page 9 of 36 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 bring them within the legal requirements and only during the time such conflict exists. 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 2018 Family Endeavors ESG Agreement Page 10 of 36 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 Attn: Director Housing and Family Endeavors, Inc. Community Development Attn: John Allman, Interim CEO 1201 Leopard Street, 2nd Floor 535 Bandera Road Corpus Christi, Texas 78401 San Antonio, TX 78228 Phone: (361) 826-3010 Phone: (210) 431-6466 Fax: (361) 826-3005 Fax: (210) 431-6470 Email: rudyb@cctexas.com Email: jallman@endeavors.org 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 (Exhibit J). SUBRECIPIENT agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this AGREEMENT. 2018 Family Endeavors ESG Agreement Page 11 of 36 Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 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/legal/ch46.html. (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. 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 2018 Family Endeavors ESG Agreement Page 12 of 36 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, 2018. 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). 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 2018 Family Endeavors ESG Agreement Page 13 of 36 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, 2018, such date being the date the City of Corpus Christi entered into this AGREEMENT with SUBRECIPIENT and shall terminate on the 30th day of September 2019. Executed in DUPLICATE originals to be effective as of the date first set forth above. ATTEST: City of Corpu Chris • 'Olf7 / 2224 /-1-10044el /di / Reb cca Huerta Keit Selma Secretary Interim City Manager 0`a . 1 , )i n KILL' IT Minn. /.0 .... SECRETAWV ' 2018 Family Endeavors ESG Agreement Page 14 of 36 ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § r� This instrument was acknowledged before me on this dUw day of O !Q_hu98by Keith Selman, Interim City Manager of the City of Corpus Christi, Texas. 1 e'`5,,%"°' UE TAMEZ LERMA ► VI/ A y1 1D# 1146231-1 4)0 � 4 •� Notary Public ► s?� ipi STATE OF TEXAS ' Notary Public, tate of Texas ''aOF''''' My Comm. Exp, 01-23-2021 ► APPROVED AS TO FORM: THIS `3D DAY OFt/ ,.�y.`2018 4linif ' Kent Mcilyar, Assistant City Attorney For Miles Risley, City Attorney SUBRECIPIENT OiL ee-e)(11er--) all S? J Signature `\ Date Printed Nam I f'e51 Cle4\4- Co Title 2018 Family Endeavors ESG Agreement Page 15 of 36 STATE OF TEXAS § § COUNTY OF NUECES § This strument was acknowledged before me this 1 day of 6ete".10-er, 2018, by �C' i v Ack_1.1 , who is the re kc\ - t C.c.--.0 of Family Endeavors, Inc., a domestic nonprofit corporation organized under the laws of the State of Texas, on behalf of the corporation. sopk*„ MARISA J. GIBSON / �♦ """"eii (Se ' Notary Public,State of Texas c/v .Fz°� ^ 1 ,..."• 'Qa Comm. Expires 07-12-2022 a,,,,,%r Notary ID 131641026 Nota' Pu• c tate of Texas 2018 Family Endeavors ESG Agreement Page 16 of 36 EXHIBIT A STATEMENT OF WORK This Statement of Work is issued by SUBRECIPIENT with the objective of providing urgent housing and related needs, as described below. (PLEASE CHECK and INITIAL ALL THAT APPLY) ❑ §576.102 Emergency Shelter Component ESG Funds may be used for costs of providing services to homeless families and individuals in emergency shelters. Funds may be used for renovating the shelter and operating the emergency shelter. This activity is subject to the expenditure limit as set out in §576.100(b). These services are designed to increase the quantity and quality of temporary shelters provided to homeless people, through the renovation of existing shelters or conversion of buildings to shelters, paying for the operating costs of shelters, and providing essential services, as set out in 24 CFR 576.102 §576.103 Homeless Prevention Component ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the "homeless" definition in §576.2. This assistance, referred to as homelessness prevention, may be provided to individuals and families who meet the criteria under the "at risk of homelessness" definition, or who meet the criteria in paragraph (2), (3), or (4) of the "homeless" definition in §576.2 and have an annual income below 30 percent of median family income for the area, as determined by HUD. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing. Homelessness prevention must be provided in accordance with the housing relocation and stabilization services requirements in §576.105,the short-term and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under 24 CFR 576.400. These services are designed to prevent an individual or family from moving into an emergency shelter or living in a public or private place not meant for human through housing relocation and stabilization services and short- and/or medium-term rental assistance, as set out in 24 CFR 576.103 §576.104 Rapid Re-housing Assistance Component ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. This assistance, referred to as rapid re-housing assistance, may be provided to program participants 2018 Family Endeavors ESG Agreement Page 17 of 36 EXHIBIT A(coned.) who meet the criteria under paragraph (1) of the "homeless" definition in §576.2 or who meet the criteria under paragraph (4) of the "homeless" definition and live in an emergency shelter or other place described in paragraph (1) of the "homeless" definition. The rapid re- housing assistance must be provided in accordance with the housing relocation and stabilization services requirements in §576.105, the short- and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under §576.400. These services are designed to move homeless people quickly to permanent housing through housing relocation and stabilization services and short- and/or medium-term rental assistance, as set out in 24 CFR 576.104 The following table identifies the projected target populations to be provided services, and which services anticipated to be provided to them. PROJECTED TARGET POPULATION 2018-1 #Adults #Children #Youth # Households (18+yrs) (0-11 yrs) (12-17 yrs) EMERGENCY SHELTER > Essential Services 0 0 0 0 > Renovation/Rehab 0 0 0 0 > Assistance Under URA 1970 0 0 0 0 RAPID RE-HOUSING (for households in which the total income does not exceed the HUD 30%AMI) > Rental Assistance 6 6 0 0 > Other Financial Assistance 6 6 0 0 > Services Costs 6 6 0 0 HOMELESSNESS PREVENTION > Rental Assistance 9 9 0 0 > Other Financial Assistance 4 4 0 0 > Services Costs 9 9 0 0 TOTALS 40 40 0 0 2018 Family Endeavors ESG Agreement Page 18 of 36 EXHIBIT B-1 Grant Budget As identified through the Statement of Work Housing relocation and stabilization services ESG funds may be used to pay housing owners, utility companies, and other third parties for the following costs: Financial Assistance** Formula/requirements Project Formulas Total ESG Request Rental application fees $50 x 5 HH $250.00 Security Deposit Less than value of two $550 X 6 HH $3300 months of rent Last month's rent Value of one month; N/A N/A counts toward 24-month maximum Utility deposits Must be standard $100 X 3 HH $300.00 Utility payments (gas, Up to six months of $150 X 3 MONTHS X 7 $3150 electric, water, arrears—24 month total HH sewage) Moving costs Truck rental, movers, N/A N/A storage for 3 mos. Services costs Housing search and Based on time expended .10 FTE @ $43,000 $4,300 placement and hourly rate of pay including benefits Housing stability case Based on time expended .15 FTE @$43,000 $6,300 management and hourly rate of pay including benefits Mediation N/A N/A 0 Legal services N/A N/A 0 Credit repair N/A N/A 0 Total Request $17,600 **Financial assistance cannot be provided to program participants who are receiving the same type of assistance through other public sources (see 576.105 for more details) 2018 Family Endeavors ESG Agreement Page 19 of 36 EXHIBIT B-1 (coned.) Projected Rental Assistance Short-term and medium-term rental assistance* ESG funds may be used to pay for up to 24 months of rental assistance during any 3-year period. Rent cannot exceed FMR and must meet rent reasonableness standards, subject to change. Tenant-based rental assistance Unit Size # Units # Months FY 2019 FMR** Total Requested Studio/Efficiency 4 2 $826 $6608 1-bedroom 9 3 $876 $23652 2-bedroom 1 2 $1,110 $2220 3-bedroom 0 0 $1,484 0 Project-based rental assistance Studio/Efficiency 0 0 $826 0 1-bedroom 0 0 $876 0 2-bedroom 0 0 $1,110 0 3-bedroom 0 0 $1,484 0 Total Request 15 7 $32,480 *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 in Section VII of this Agreement. **FMR amounts based on FY2019 FMR Guidelines. ESG FY2018 Proposed Activity Eligible Activity (add rows if ESG Amount Match Amount Match Source Budget Total necessary) Emergency 0 0 0 0 Shelter Homeless 30,000 30,000 Salaries 30,000 Prevention Rapid Re-Housing 20,073 20,073 Salaries 20,073 Totals 50,073 50,073 $50,073.00 2018 Family Endeavors ESG Agreement Page 20 of 36 EXHIBIT B-2 PAYMENT SCHEDULE Estimated Emergency Homelessness For the Months of... Amount of Shelter Prevention Rapid Re-housing `'�' ,,--5:!' _' 04'' Expenditures October 2018 $0 0 1 0 0 November 2018 $0 0 0 0 December 2018 $3,000 0 3,000 0 January 2019 $5230.27 0 3,000 2,230.27 February 2019 $5230.27 0 3,000 2,230.27 March 2019 $5230.27 0 3,000 2,230.27 April 2019 $5230.27 0 3,000 2,230.27 May 2019 $5230.28 0 3,000 2,230.30 June 2019 $5230.30 0 3,000 2,230.28 July 2019 $5230.28 0 3,000 2,230.28 August 2019 $5230.28 0 3,000 2,230.29 September 2019 $5230.28 0 3,000 2,230.29 I TOTALS 50,073 0 30,000 20,073 NOTE: Payment requests must be submitted monthly by the 15th. If no payment request will be submitted by the 15th of any given month,Agency MUST notify CITY. 2018 Family Endeavors ESG Agreement Page 21 of 36 EXHIBIT C Schedule of Activity SUBRECIPIENT hereby agrees to perform services as outlined in Exhibit A. A proposed monthly schedule of activity should be provided in this space. Schedule should not exceed SUBRECIPIENT contract time frame of 12 months from contract date. 2018-2019 Number of Services For the Months of... Beneficiaries October 2018 0 No services November 2018 0 No services December 2018 2 Housing stability, case management January 2019 1 Housing search and placement, case management, stability February 2019 2 Housing search and placement, case management, stability March 2019 1 Housing search and placement, case management, stability April 2019 2 Housing search and placement, case management, stability May 2019 1 Housing search and placement, case management, stability June 2019 2 Housing search and placement, case management, stability July 2019 1 Housing search and placement, case management, stability August 2019 2 Housing search and placement, case management, stability September 2019 1 Housing search and placement, case management, stability Total Unduplicated 15 2018 Family Endeavors ESG Agreement Page 22 of 36 EXHIBIT D RECORDS & REPORTS SUBRECIPIENT must maintain all records and reports submitted to the City for a period of five years. Period of record retention. All records pertaining to each fiscal year of ESG funds must be retained for the greater of 5 years from final ESG payment, or the period specified below. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (1) Documentation of each program participant's qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for 5 years after the expenditure of all funds from the grant under which the program participant was served; (2) Where ESG funds are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed 75 percent of the value of the building before renovation, records must be retained until 10 years after the date that ESG funds are first obligated for the renovation; and (3) Where ESG funds are used to convert a building into an emergency shelter and the costs charged to the ESG grant for the conversion exceed 75 percent of the value of the building after conversion, records must be retained until 10 years after the date that ESG funds are first obligated for the conversion. SUBRECIPIENT must participate in the Housing Inventory Count (HIC) and the Point-In-Time (PIT) data collection. 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 the 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 provided to an HMIS. 2018 Family Endeavors ESG Agreement Page 23 of 36 EXHIBIT E REQUEST FOR PAYMENTS A. Matching Funds 24 CFR 576 requires that each grantee and/or SUBRECIPIENT must match the funding provided by HUD under 24 CFR 576 with an equal amount of funds from sources other than under Part 576. SUBRECIPIENT must include documentation to support source of match, with each request for payment, be with either cash, volunteer time, in-kind, office space, or donations. Failure to submit match source documentation,will be cause for City to refuse payment request. Please refer to matching requirements for more information. 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 576.500(o). B. Insurance. SUBRECIPIENT must submit copy of a current Certificate of Insurance at least ten (10) days prior to any expenditure of ESG funds by the SUBRECIPIENT. Certificate of Insurance must cover the period of funding agreement, and meet all requirements stated in Section XV and Exhibit H of this AGREEMENT. Failure to timely submit Certificate of Insurance will be cause for CITY to refuse payment request. C. Payment Request Checklist: For Each payment reimbursement, please provide the following: • Signed cover letter summarizing the reimbursement for each funded activity • Detailed Summary of Costs Breakdown • Copies of Invoices and/or receipts • Copies of cancelled checks responding to invoices and/or receipts • Other Supporting Documents as requested by CITY NOTE: Payment requests must be submitted to the CITY by the 15th of each month. ESG funds may be recaptured by the CITY if SUBRECIPIENT fails to expend funds timely and future funding requests may be affected. 1. SUBRECIPIENT must submit a complete monthly reimbursement requests as approved on the Schedule of Payment hereto attached as Exhibit B-2 (the "Schedule of Payment") due on or before the 15th of each month. 2. SUBRECIPIENT must inform the CITY in writing if the reimbursement request will not be submitted by the due date. 3. The CITY will return incorrect and/or incomplete reimbursement requests to SUBRECIPIENT as soon as possible and note which corrections need to be made or additional documents needed. Please note that this may delay payment reimbursement. 2018 Family Endeavors ESG Agreement Page 24 of 36 EXHIBIT E (coned.) 4. SUBRECIPIENT must resubmit a Payment Request Cover Letter with revised or additional documentation as requested by the CITY, no later than 5 days from notification by the CITY. 5. SUBRECIPIENT must submit FINAL reimbursement request to the CITY 30 days prior to expiration date of AGREEMENT. 6. SUBRECIPIENT must submit all required documentation as stated on the City Reimbursement Checklist. 7. Should the SUBRECIPIENT fail to comply with timely submittals of monthly reimbursement requests the CITY may consider termination of the SUBRECIPIENT AGREEMENT as per Section XII "Suspension and Termination." 8. All reimbursement requests and reports submitted to the CITY must be originals signed with blue ink. Documentation must be neatly organized per the Summary of Costs Breakdown provided with each reimbursement request and documents must be legible. 9. Reimbursement requests may be sent via e-mail in pdf format (color). 10. Reimbursement requests are processed by the CITY on a first come first serve basis, providing all support documentation is submitted. 11. Payments to SUBRECIPIENT will be mailed, unless SUBRECIPIENT notifies the CITY in writing the name of individual who will be authorized to pick up checks. 12. Checks will be available 30 days from the date the reimbursement request is submitted the CITY providing all required documentation has been submitted to the CITY. 13. Checks may be delayed if required documentation is not provided to the CITY. 14. As per Section IV of this AGREEMENT, the CITY Monitoring Division will conduct on-site monitoring visits to ensure compliance with applicable Federal requirements-are being met for ESG funds expended. 2018 Family Endeavors ESG Agreement Page 25 of 36 EXHIBIT F Other Federal Requirements 24 CFR 576.407 (a) General. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and implementing regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with §576.405(c). (b)Affirmative outreach. The recipient or SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services,the recipient or SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The recipient and its SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, recipients and SUBRECIPIENT are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. (c) Uniform Requirements. The requirements of 2 CFR Part 200 apply to the recipient and SUBRECIPIENT, and: (1) Program income may be used as matching contributions, subject to the requirements in §576.201; (2) The disposition of real property for which ESG funds are used for major rehabilitation, conversion, or other renovation under §576.102 is governed by the minimum period of use requirements under §576.102(c). (d) Environmental review responsibilities. (1) Activities under this part are subject to environmental review by HUD under 24 CFR part 50. The recipient shall supply all available, relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR part 50. The recipient also shall carry out mitigating measures required by HUD or select alternate eligible property. HUD may eliminate from consideration any application that would require an Environmental Impact Statement (EIS). (2)The recipient or SUBRECIPIENT, or any contractor of the recipient or SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. 2018 Family Endeavors ESG Agreement Page 26 of 36 EXHIBIT F (coned.) (e) Davis-Bacon Act. The provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) do not apply to the ESG program. (f) Procurement of Recovered Materials. The recipient and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 2018 Family Endeavors ESG Agreement Page 27 of 36 EXHIBIT G 2 CFR Part 200 FINAL GUIDANCE PUBLISHED BY THE MANAGEMENT AND BUDGET (OMB) OFFICE ON 12/26/2013 EFFECTIVE DECEMBER 26, 2014. AUDITS, ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES OF STATES, LOCAL GOVERNMENTS, AND NON-PROFIT ORGANIZATIONS 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance supersedes, consolidates eight (8) grant related circulars into a uniform regulation applicable to all grant recipients. A - 21 A- 110 A - 87 A- 122 A - 89 A- 133 A - 102 A-50 To view Notice SD-2015-01 Issued by the U.S. Department of Housing and Urban Development, please visit the following link: www.hudexchange.info/resources/documents/Notice-DC-2015-01-Transition-to-2-CFR-Part-200- Guidance.pdf 2018 Family Endeavors ESG Agreement Page 28 of 36 EXHIBIT H INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum 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 is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements CRIME/EMPLOYEE DISHONESTY $200,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. 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 coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2018 Family Endeavors ESG Agreement Page 29 of 36 EXHIBIT H (cont'd.) 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-VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation 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 suspension, cancellation, non-renewal or material change 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 suspension, cancellation, or non-renewal 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. 2018 Family Endeavors ESG Agreement Page 30 of 36 EXHIBIT H (cont'd.) 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 right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Housing and Community Development Project Funding 11/20/2018 sw Risk Management 2018 Family Endeavors ESG Agreement Page 31 of 36 v US 40 �\ j�m tititiory EXHIBIT I kCITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II -General Information. COMPANY NAME: P. O. BOX: STREET ADDRESS: 5.-S5 J pec ' , CITY: 0.Mpt.00 ZIP: -4 3zz FIRM IS: 1. Corporation = 2. Partnership ❑ 3. So a Owner ❑ 4. Association 5. Other r i-- DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NI Pr N) Pr- 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 N/ A— Ni A- 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 N/ Pr- Nj pr- 2018 Family Endeavors ESG Agreement Page 32 of 36 EXHIBIT I (coned.) 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 in 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 economic benefit on any City official or employee that is distinguishable 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 official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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 Christi,Texas as changes occur. Certifying Person: ©r\ erek Title: CP° (Type or Print) Signature of Certifying Date: Person: - bOtetrA3erla01 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 on a full or part- time basis, but not as an independent contractor. 2018 Family Endeavors ESG Agreement Page 33 of 36 EXHIBIT I (coned.) 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 firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 2018 Family Endeavors ESG Agreement Page 34 of 36 EXHIBIT 1 Certificate of Interested Parties Certificate of Interested Parties (Form 1295)** ** Form 1295 MUST BE FILED ELECTRONICALLY! Paper copies and PDF copies of this sample form are not accepted! Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 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/legal/ch46.html. (Your web browser must be at a minimum browser level: Chrome 4, Firefox 15, Internet Explorer 9, Opera 12.1, or Safari 4.) 2018 Family Endeavors ESG Agreement Page 35 of 36 EXHIBIT K Subrecipient's ESG Compliance Affidavit STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: Nl.on\oer ( Q Affiant: rlc\ors _Lyle_ . Emergency olutions Grant Subrecipient Affiant, on oath, swears the following statements are true: n �� I, p� i\\��f1\CL✓1 , am thef�-S& 1..�) (title) of VC ,n)mVy --y\cVct.vors J-Inc_ • , a Texas nonprofit corporation, which has applied for and been awarded Emergency Solutions Grant("ESG") Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for which ESG funds have been awarded, as the representative of the above named subrecipient organization ("Subrecipient"), I met with City staff and received copies of the following Federal rules and regulations: 2 CFR Part 200 24 CFR 570 and 576 41 CFR 60.1 and 60.4 By execution of this affidavit, I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, I acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. )// By: A —,__ SWORN TO AN 1 BSCRIBED before me this the - day of p�QNhI - , 2018. �,�'4 ,.�` VP �., MARISA J. GIBBON /:d/ `EYi %_Notary Public,State of Texas ��% '5,•. 'vim Comm. Expires 07-12-2022 I ' ot%%%% (setib}ary ID 131641026 Notar Publ;•(State of Texas 2018 Family Endeavors ESG Agreement Page 36 of 36 .' 1 ® DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 04/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Janice O'Donnell NAME: SWBC Insurance Services,Inc. PHONE (800)499-7922 FAX No: (210)525-0054 AIC1 No,Ext): ( ) P 0 Box 791028 ADDR jodonnell@swbc.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# San Antonio TX 78279 INSURER A: Berkshire Hathaway Specialty Insurance Company 22276 INSURED INSURER B: Texas Mutual Ins Co.(Tx W/C) 22945 Family Endeavors,Inc. INSURER C: Endeavors Unlimited,Inc. INSURER D: 535 Bandera Road INSURER E: San Antonio TX 78228 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1842423712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBH POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 DAMAGE 1OREN IED 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 20,000 A Y 47SPK149333-01 04/28/2018 04/28/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO- 3000000X POLICY JECT LOC PRODUCTS-COMP/OPAGG $ , OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED X SCHEDULED Y 47 RWS149336-02 04/28/2018 04/28/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PeOr Pc TYY DAMAGE $ AUTOS ONLY _ AUTOS ONLY ( ) Uninsured motorist $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE 47SUM14933502 04/28/2018 04/28/2019 AGGREGATE $ DED RETENTION$ 10,000 $ WORKERS COMPENSATIONPER OTH- ER STATUTE ER AND EMPLOYERS'LIABILITY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE NIA TSF0001137234-Texas 10/20/2018 10/20/2019 E.L.EACH ACCIDENT $ B OFFICEER EXCLUDED? 1,000,000 (Mandatory In In NNH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 10 , 00000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , EL Each Accident 1,000,000 Workers Compensation-Out of State B 92795836445-Out of State 10/01/2018 10/01/2019 EL Disease EA Employee 1,000,000 EL Disease-Policy Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder,its officers,officials,employees,volunteers,and elected representatives are added as an Additional Insured,as per a Written Contract,as respects operations and activities of,or on behalf of,the named insured performed under contract with the City,with the exception of the Worker's Compensation and professional Liability Policies. 10 day NOC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of San Antonio Department of Human Services ACCORDANCE WITH THE POLICY PROVISIONS. 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